25Administration of estates in cases of supposed deaths

25 Administration of estates in cases of supposed deaths

25 Administration of estates in cases of supposed deaths

(cf PT Act, s 23)

(1) The Supreme Court may order the NSW Trustee to administer the estate of a person if it appears to the Court that there are reasonable grounds to suppose that the person has died intestate (whether in or outside New South Wales) leaving property in New South Wales.

(2) If such an order is made, the NSW Trustee may—

(a) collect, manage and administer the personal estate of the person, and

(b) enter and manage the real estate of the person, including receiving the rents and profits of any such estate, and

(c) pay and discharge the debts and liabilities of the person.

(3) The NSW Trustee may exercise any such function as if the person were certainly dead and the NSW Trustee had obtained a grant of probate or administration.

(4) The NSW Trustee must not distribute any assets of the person’s estate except in accordance with an order of the Supreme Court specially authorising the distribution.

(5) Nothing in this section affects the application of sections 40A–40C of the Probate and Administration Act 1898.